The payment of alimony by agreement between the parents or by a court decision is the type of recovery that is very strictly regulated by the current legislation.

About how to correctly calculate maintenance payments upon dismissal in connection with the liquidation or reduction of the company's staff, as well as about the features of the employer's action in this situation - in today's article.

Payments due to an employee.

Each employee, regardless of position and merit to the company, is entitled to the accrual of the so-called severance pay upon dismissal in connection with.

The amount of such payment is calculated based on the average earnings of the employee for the past period. In particular, salary, bonuses and other incentive payments are taken into account.

Within the framework of the legislation, it is intended to ensure that the employee can easily search for new job some period of time. That is, severance pay during reduction is most often a way to support the financial well-being of an employee.

In addition to severance pay, an employee may also be paid:

1. Salary;
2. Compensation for unused vacation;
3. Other social payments (material assistance);
4. Prizes and awards and so on.

Alimony for the child and the second parent, if necessary, is accrued directly from the employee's salary.

But when dismissed to reduce staff, many employers do not understand how to withhold alimony in such a situation. Let's talk about this in more detail.

Rules for the calculation of alimony

Alimony is paid anyway.

In fact, it is quite easy to calculate the required amount of alimony. By law, or rather, by Government Decree, after deducting all necessary taxes and deductions from both salary and severance pay, as well as from other payments, child support should be calculated.

Thus, the question of whether alimony is withheld from severance pay can be answered unequivocally - yes, they are. However, a reservation should be made here, only alimony for minor children can be withheld from the severance pay.

That is, if there is a disabled child who has reached the age of majority, or if funds for the maintenance of an adult are additionally paid along with the child, then such payments will not be made.

It is on the basis of this clause of the law that the employer and the company's accountant should be attentive to the accrual of maintenance obligations. In addition, it is very important and correct to calculate the amount of debt.

Otherwise, the amount of the payment will depend on many factors: the number of children, the presence of debt, the total amount monthly payments and so on. Thus, the law protects minor children and tries to maintain their financial well-being in any situation.

In addition, if alimony is established by a court order, then even upon obtaining the official status of unemployed, with registration at the employment center, the alimony payer will still be required to pay funds.

But in this case, the amount of payments is calculated based on the amount of unemployment benefits and does not exceed a certain percentage of its total amount.

What an employer needs to know

The employer must give notice of termination.

In addition to the fact that the employer is obliged to pay maintenance obligations in some circumstances, the head of the company should also be aware of the following nuance.

Immediately after the dismissal, the employer, in accordance with the procedure established by the current legislation, is obliged to inform the relevant party about the dismissal of the employee.

That is, if alimony was collected by a court decision, then the head notifies the judicial authorities - personally on the basis of documents, or by registered mail. In both cases, you should attach the necessary papers in the original or a certified copy.

In a situation where cash for the maintenance of a child or an adult family member were paid by agreement between the parents, a notice should be sent to the alimony recipient.

A notice of dismissal of an employee, indicating the reason and date of dismissal, must be sent within 10 days from the date of termination of the employment contract with the employee.

From this video you will learn about the recovery of alimony from the unemployed.

Question form, write your

The collection of material support is easier if the citizen has a place of official employment. In this case, the process of accrual and transfer of funds is regulated by the accounting department of the employer. However, the payer may lose workplace.

This can happen by agreement of the parties, by reduction or by the initiative of the employee. The law guarantees employees mandatory payments upon dismissal. Is child support withheld from severance pay? Let's consider in more detail.

Payments in case of dismissal of alimony

Severance pay means cash payment, which is provided to a citizen who loses his job. Its purpose is to ensure the financial needs of a citizen for the period of searching for a new job.

You are entitled to severance pay:

• an employee with a reduction in the workplace;
• employee who was fired own will.

If an enterprise cuts jobs, the labor legislation guarantees employees a payment in the amount of a two-month average wage. It is calculated on the basis of earnings for 2 years. For civil servants, the amount of payments is three months' salary. Funds are transferred to the recipient on the last business day.

If an employee leaves of his own free will, then he does not receive payments guaranteed by law. However, local regulations of the enterprise may provide for the possibility of paying severance pay for employees. The procedure for accrual, payment and the amount of payment is established by the regulations of the employing organization.

Attention! A citizen who quits on his own is entitled to compensation for vacation. Alimony from compensation for unused vacation upon dismissal is paid in general order.

How is material support for relatives withheld?

Is child support withheld from termination compensation? Let's consider in more detail.

Alimony refers to financial assistance that is transferred to meet the needs of a minor or disabled relative. A prerequisite for the collection of funds is the presence of consanguinity, nominal relationship or official marriage. The right to receive assistance from the spouse remains for 1 year after the dissolution of the marriage.

Material maintenance for a minor child is paid by a parent who lives separately from him. The funds are transferred to the account of the legal representative of the minor. This may be a second parent, guardian or adoptive parent. In some cases, the right to financial security from biological parents is retained by adopted children.

The payment is calculated from most types of income that are due to the parent from the state or as payment for labor activity. The law provides for the following options for withholding material support for a minor or disabled relative:

• by agreement;
• judicially.

The voluntary procedure for withholding alimony includes the execution of an agreement. This method is enshrined in law, but has not gained popularity in the country. To draw up an agreement, you must contact a lawyer or notary. The contract includes the procedure, amount and method of payments. The parties must pay for both the drafting of the agreement and its notarization.

The document is drawn up in writing and is subject to certification in a notary's office. The agreement is the only way to formally require an account for the use of material content. If one of the parties violates the conditions, then the second has the opportunity to transfer it to the FSSP. From that moment on, funds will be collected on a forced basis.

The most popular way to collect material security is to apply to the Magistrate's Court. This option is unilateral (the consent of the alimony is not required).

Important! It takes 10 days to receive a court order. To do this, you must submit an application and attach a minimum package of documents. Procedure judicial recovery funds is less costly. A person wishing to collect alimony will pay 350 rubles. You do not need to pay a fee to collect funds for minors.

How funds are deducted from payments upon dismissal

To find out if alimony is withheld from severance pay during a reduction, you need to find out the type of collection of funds. The law provides for the following options:

• fixed amount;
• percentage.

Payment in the form of a fixed amount is assigned to the maintenance of all relatives, spouses and former spouses. In special cases, this option is used to calculate the payment for minor children. The amount is set as a multiple minimum size wages. A lump sum payment is subject to regular indexation.

Assignment of payment in the form of a percentage is possible only for a minor child. The calculation method depends on the number of children the payer has. If there is 1 child, a citizen will pay ¼ of all types of earnings that are subject to maintenance payments. For 2 children, you will have to pay a monthly share of ⅓. For three or more kids, you need to pay ½ share of income.

The law limits the list of income that is subject to maintenance payments. However, the list of restrictions is minimal.

A separate list has been established for income from which funds are withheld exclusively for minor children. Among them, severance pay and survivor's pension.

Alimony from severance pay upon dismissal is calculated in the presence of all of the following circumstances:

• funds are forcibly withheld;
• material content is retained as a percentage;
• financial security collected for the maintenance of a minor child.

The procedure for payments if a citizen quits on his own initiative

Is child support withheld from severance pay during reduction. Yes. However, an employee may lose his job for other reasons. Among them:

• voluntary dismissal;
• termination of the contract by agreement of the parties.

The legislator does not guarantee mandatory payments if the dismissal of a citizen is not carried out by reduction. They are set at the discretion of the employer.

Upon dismissal of his own free will or by agreement of the parties, a citizen receives a severance pay by agreement with the employer or if there is a local normative act. In this case, the law guarantees only a compensation payment for the days of unused basic paid leave.

Alimony from severance pay is calculated in the general manner. Since the only type of deduction is a percentage, the citizen will pay the share that is established by the court.

Attention! If the alimony has 2 children, then he will pay 33% of the amount of the severance pay. 13% will be deducted from the accrued payment income tax.

How should the administration of the employer

The calculation of alimony upon dismissal of an employee is not the only responsibility of the enterprise administration. The law provides for a number of additional actions that the employer must take in the event of the dismissal of the alimony. At the same time, it does not matter whether he quits on his own, by agreement, as a result of a reduction or through the fault of the employee.

The law establishes a certain list of liability measures that apply to the organization if the actions upon dismissal of the alimony are not fully performed.

List of actions:

1. Calculate compensation for unused vacation and severance pay (if any).
2. Deduct 13% of the accrued amount.
3. Calculate the amount of payment for a minor child.
4. Prepare a document for the FSSP or the recipient of funds.
5. Send the original executive document and a cover letter to the district department of the FSSP or the recipient of the content.

The document must contain the following information:

• the name of the executive document on the basis of which payments were made;
• indication of monthly payments and dates when the funds were sent to the recipient;
• presence / absence of debt;
• data of the employee who compiled the document.

Alimony upon dismissal of an employee must be transferred within 3 days from the date of accrual of severance pay and compensation for vacation days.

After the last payment is transferred, the accounting department must return the executive document to the applicant. Funds for the maintenance of a minor may be withheld by the accounting department of the enterprise on the basis of a writ of execution and:

• statements of the recipient of funds;
• letters from the FSSP.

If the recoverer of funds applied to the district department of the FSSP at the payer's place of residence, then the right to send the document rests with the bailiffs. In this case, the accountant returns the executive documents to the FSSP.

If the exactor independently sent documents to the accounting department of the employer, then when the alimony is dismissed, they are returned to him.

Alimony upon dismissal is deducted for the maintenance of a minor child. The calculation is made exclusively for citizens from whom the funds were collected in the form of a percentage. The payment can be made by the accounting department of the enterprise if the material security is forcibly withheld. Executive documents after dismissal are sent to the district department of the FSSP or to the recoverer of funds.

Well, if the alimony payer has a job. Whatever his earnings, alimony is calculated and sent to the recipient accurately and on time. It's bad when work is lost. You can read about it in the previous article. And in this article we will learn about whether alimony is withheld from compensation upon dismissal - severance pay.

Severance pay upon dismissal

The compensation payment that an employee receives upon dismissal is a severance pay. It aims to ensure that after the dismissal before employment, the former employee is provided with a livelihood.

Severance pay is paid if the dismissal of an employee occurs due to a reduction in staff or liquidation (reorganization). In addition to the severance pay, the dismissed employee receives other amounts of money, in particular,.

Conditions for withholding alimony

Deduction of alimony from severance pay in case of staff reduction or liquidation is possible only for minors! The fact is that this type of income is provided for by Government Decree No. 841 as income from which child support is withheld:

• under the maintenance agreement concluded between the parents;
• By judgment for the recovery of alimony.

But other types of alimony - for a wife, parents, for an adult disabled child - are not withheld from compensation upon dismissal! There is such a rule in the Federal Law "On enforcement proceedings».

The procedure for withholding alimony from severance pay

There is some limitation. Only alimony for minor children can be withheld from compensation upon dismissal, and other recipients of alimony (wife, parents, adult children) are not entitled to claim alimony payment.

Alimony will be withheld in the general manner - after withholding income tax, in the amount determined by the executive document. Alimony is transferred to the recipient at the expense of the payer - he bears the costs of making a bank payment. The rest of the severance pay is given to the resigning employee.

Actions of the administration after the dismissal of the alimony payer

In addition to the fact that the accounting department of the organization in which the payer worked is obliged to correctly calculate and transfer alimony from sum of money severance pay due upon dismissal, other responsibilities are assigned to her.

In particular, in the executive document on the basis of which the recovery of alimony was carried out, the following information must be indicated:

• amounts that were withheld from the payer's income;
• the period of time during which alimony was collected;
• the amount of outstanding debts for alimony and indexation.

The completed executive document is attached to the letter with a message about the dismissal of the alimony payer and information about his new job (if known). The letter is sent...

• the recipient of the alimony (if the alimony was collected on the basis of the alimony agreement);
• service bailiffs or the court (if the recovery of alimony was carried out on the basis of a court decision).

Failure to comply with these requirements on the part of the administration of the employer or its individual employees (for example, a manager or an accountant) entails administrative responsibility in the form of a fine from 15,000 to 20,000 rubles (Clause 3, Article 17.14 of the Code of Administrative Offenses).

Help of a lawyer

The tricks of avoiding maintenance obligations are reaching a new level. Payers try to hide their income, so they often disguise it as other payments. It is quite difficult for recipients of alimony to keep track of everything at once. Even if the bailiffs are involved in the case, they limit themselves to an oral conversation with the debtor, after which the case continues to lie on the table. It is best to contact a lawyer.

05.11.2018

In crisis situations, companies come to the conclusion to reduce staff. Then the dismissed employees are paid.

In addition, this payment can be made upon termination of the contract during liquidation, by agreement of the parties or in other situations on the basis of the head.

In the current material, we will figure out whether severance benefits are subject to maintenance obligations, and in what order this happens.

Are they holding back?

Other maintenance payments: for a spouse, adult child, parent or other dependent, severance pay is not charged.

This rule is established by the law on enforcement proceedings.

Hold order

Alimony for children held in the usual manner, but without withholding personal income tax, since such payments are not subject to taxes. The exception is amounts exceeding three times the average earnings.

Hold order:

Important! In addition to alimony, the accountant must withhold from the accrued allowance the amount for transferring money to the recipient.

According to Decree No. 841, alimony is withheld from the amounts paid for the period of employment to dismissed employees for liquidation or reduction.

Therefore, the employer must withhold interest from payments for the second and third months in the absence of a new job.

Let's look at a specific example of how retention is performed.

Example

Initial data:

Let's say a dismissed person is credited with an allowance in the amount of 25 thousand rubles. for the first month of unemployment.

Also, a person received a salary of 20 thousand rubles. and compensation for unused vacation 7 thousand rubles.

The organization has a writ of execution for the employee on the withholding of child support of 25%.

Calculation will look like this:

• We calculate the base for retention. To do this, first we subtract personal income tax from wages and vacation compensation:

(20000 + 7000) – (20000 + 7000) *13% = 23490.

23490 + 25000 = 48490.

48490 – 48490 * 25% = 36367, 50.

• And you also need to take away the commission for the transfer of funds, suppose it is equal to thirty rubles:

36367, 50 – 30 = 36337, 50.

It turns out that the accountant will withhold child support from an employee in the amount of 12,122.5 rubles, and a person will receive 36,337.50 rubles in his hands.

If in two months the employee does not find a job in a new place and brings the employer work book, he needs to pay severance pay for the second month.

From this amount, it is also necessary to withhold alimony and transfer to the recipient:

25000 - 25000 * 25% - 30 \u003d 18720 - the shortened one will receive it.

According to Art. 110 of the RF IC, after the employee leaves, the employer is obliged to notify the bailiffs of the dismissal of the alimony within three days from the date of payment.

At the same time, he has no obligation to return the writ of execution within the same period. Therefore, it is allowed to send it to bailiffs after deduction of alimony from the last severance pay, together with the attached calculation of the amounts withheld and paid.

I am on leave to care for a child up to three years old, when I go to work I get laid off. The employer explained that there was a writ of execution for me and that 50% would be withheld from my severance pay. Is this legal, if so, is the % retention legal (I am the mother of two minor children).

Lawyers Answers (5)

No, recovery from child allowance illegally. Write a statement to the bailiffs demanding to remove the withholding from the allowance.

I probably misunderstood the question, I get laid off and I will be paid a severance pay in the amount of three salaries. Is it legal for writ of execution withhold 50% from severance pay? Thank you.

According to Art. 101 federal law"On Enforcement Proceedings" dated 02.10.2007 N 229-FZ:

12) benefits citizens with children, paid at the expense of funds federal budget, state off-budget funds, budgets of subjects Russian Federation and local budgets.

To such benefits, in accordance with Art. 3 of the Federal Law "On State Benefits to Citizens with Children" includes benefits for children. It is unlawful to collect debts from child benefits, but the bailiffs can impose an arrest, since they do not have information about the purpose of the account.

You need to contact the bailiffs with the appropriate application, and provide them with documents confirming the transfer of the indicated amounts to this account.

With respect, Nadezhda.

Is it legal to withhold 50% from severance pay on a writ of execution?

When recovering under a writ of execution, deductions from severance pay will be lawful. In accordance with Art. 99 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007 N 229-FZ:

2. When executing a writ of execution (several writ of execution), a debtor-citizen may be withheld no more than fifty percent of wages and other income. Withholdings are made until the full execution of the requirements contained in the executive document.

3. The limitation on the amount of deductions from the wages and other incomes of a debtor-citizen, established by part 2 of this article, shall not apply when collecting alimony for minor children, compensating for harm caused to health, compensating for harm in connection with the death of a breadwinner and compensating for damage caused by a crime. In these cases, the amount of deduction from the salary and other income of the debtor-citizen may not exceed seventy percent.

Tell me, please, if there are two minor children, is 50% still retained?

And how many executive documents do you have in your accounting department and which ones? For 1 executive documents for the recovery of a simple debt, only 20% can be withheld.

Article 138. Size limitation
deductions from wages

The total amount of all deductions for each payment of wages
fees may not exceed 20 percent, and in cases provided for
federal laws, - 50 percent of wages due
employee.

Art. 138, "Labor Code of the Russian Federation" of December 30, 2001 N
197-FZ (as amended on December 31, 2014)

One writ of execution, non-payment of the loan. Thank you.

They cannot charge more than 20%.

Withholding on a writ of execution during parental leave

Hello. 50% of the writ of execution on loans is withheld from my salary, a child will be born in November, there will also be deductions from payments for the birth of a child, and there will be deductions on the writ of execution while on parental leave, or there is an opportunity to suspend the deduction for this period?

Lawyers Answers (3)

Childcare allowance cannot be reclaimed. The accounting department should be aware of this and from these payments you should not be withheld funds in the amount of 50% on the writ of execution

Article 101. Types of income that cannot be levied
[Law on Enforcement Proceedings] [Chapter 11] [Article 101]
12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of the constituent entities of the Russian Federation and local budgets

Have a question for a lawyer?

Hello, they have the right to withhold only from your income, the allowance paid for the child cannot be withheld, I only recommend that you submit evidence in writing to the SSC in advance that the transferred amounts are benefits. All the best

If they withhold 50% of wages, then the writ of execution is with the employer. In this case, it is not the bailiff who is holding, but the accounting department.

Deductions from child care allowance up to 1.5 years

There are no illegal actions of bailiffs, in order for you to remove the arrest from your account, you need to go to the organization that pays and transfers benefits to this account, and take a certificate from them that you receive benefits to this account, but it’s better to take 2-3 copies of this help. Then come to the court bailiffs who are dealing with your case and write an application to remove the arrest from the account based on that certificate. The arrest is usually removed for a week. 441 Inaction of the bailiff, attach another certificate (from the security service) and demand the removal of the arrest, threaten the court, they will not be heard there, write a lawsuit against them under the same article 441. In general, write to me if anything, I will help with the answer.

I liked the exact and consistent answer with instructions for action, and not a banal unsubscribe - put your review "+"

The arrest is unlawful (clause 12, part 1, article 101 of the Federal Law “On Enforcement Proceedings”).

Take a certified account statement from the bank for the nearest past period, it will indicate who, when and in what amount was credited to the account and the basis for payment, or a certificate from the employing organization confirming the transfer of benefits to the specified account. Contact the bailiff, explain the situation, provide him with a copy of the account statement, a copy of the card account agreement, a copy of the certificate as confirmation. If it is not possible to agree, the arrest will not be lifted, file a lawsuit in court to remove the arrest from the account.

50% on a writ of execution from sick leave for pregnancy and childbirth

Does the bailiff have the right to withhold 50% of the writ of execution in repayment of the loan from the sick leave for pregnancy and childbirth (70 days before childbirth and 70 days after childbirth).

Lawyers Answers (2)

No, the bailiff does not have the right to withhold funds on the writ of execution, which are benefits for pregnancy and childbirth.

1. Foreclosure cannot be levied on the following types of income:

12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of the constituent entities of the Russian Federation and local budgets;

Benefit for pregnancy and childbirth;

A one-time allowance for women registered in medical organizations in early pregnancy;

One-time allowance at the birth of a child;

Monthly allowance for child care;

Monthly allowance for a child;

A one-time allowance for the pregnant wife of a serviceman passing through military service on call;

Monthly allowance for the child of a military serviceman who is conscripted for military service.

Clarification of the client

I told the bailiff the same thing and even provided in writing documents of evidence that they have no right to withhold money from the sick leave for pregnancy and childbirth (70 days before childbirth and 70 days after childbirth). But the bailiff still withdrew the money. Where to turn now, I do not know?

You need to appeal against the actions of the bailiff in court. This is the only way to get your money back.

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Withholding on writ of execution from child care allowance

Question: The organization received a writ of execution to withhold alimony for a minor child in the amount of 50 of the employee's income. An employee goes on parental leave. Do I need to withhold child support from the monthly child care allowance that will be paid to him?

Answer dated 06/30/2014:

Alimony is withheld from the employee's income on the basis of a notarized agreement on the payment of alimony or on a writ of execution (Article 109 of the Family Code of the Russian Federation).

At the same time, the list of income from which alimony for minor children can be withheld was approved by Decree of the Government of Russia dated July 18, 1996 No. 841. In paragraphs. “c” paragraph 2 of this document states that alimony is withheld, in particular, from temporary disability benefits, unemployment benefits only by a court decision and a court order for the recovery of alimony or a notarized agreement on the payment of alimony. However, this list does not indicate that child support should be deducted from the monthly child care allowance and other "children's" benefits. Accordingly, these benefits are not required to withhold child support.

It should be noted that there is also a list of income that cannot be levied. It is contained in Art. 101 of the Federal Law of October 2, 2007 No. 229-FZ. In particular, paragraph 12 of part 1 of this article states that such amounts include benefits to citizens with children paid at the expense of the federal budget, state extra-budgetary funds, budgets of constituent entities of the Russian Federation and local budgets.

Thus, monthly child care allowances, as well as maternity allowances and childbirth allowances, are not a source for maintenance deductions.

For deduction of alimony in 1C programs, see the reference book “Personnel records and settlements with personnel in 1C programs”.

How to ask a question

Writ of execution deductions from child care allowance

Question

Please tell me. We have an employee who is in maternity leave caring for a child up to 1.5 years. We pay her monthly allowance for child care.

She received a decision from the bailiffs to recover the amount of non-pecuniary damage in relation to physical. faces.

Can we withhold the amount of recovery from maternity, or do we not have the right?

And what should we do in this situation, if we cannot make deductions, how should we notify the bailiffs?

Answer

Some types of benefits are not listed in the Income Schedule because they cannot be levied. Full list such income free from withholding alimony is established in Art. 101 of Law N 229-FZ.

Among them, benefits are also indicated for citizens with children, paid at the expense of the FSS of the Russian Federation (clause 12, part 1, article 101 of Law N 229-FZ).

In accordance with Art. 3 of the Federal Law of May 19, 1995 N 81-FZ, benefits for citizens with children include:

A one-time allowance for the transfer of a child to be raised in a family;

From the "children's" benefits listed in Art. 3 of Law N 81-FZ, penalties under the writ of execution are not withheld.

Labor legislation does not provide for the obligation of the employer to notify the bailiff of the impossibility of withholding payments under the writ of execution in connection with the debtor's departure on maternity leave. The writ of execution in this situation is not subject to return to the bailiff, it should be returned in case of dismissal of the specified employee.

From what income are deductions collected under executive documents

Question-answer on the topic

A decision has been made to foreclose on wages and other income of the employee, the deduction is 50%. At this time, the employee is on parental leave for up to three years, her monthly income is a ridiculous amount of 57.50 rubles. In August 2016, the employee will go on maternity leave, then, respectively, on leave to care for a child up to one and a half years. What income should be withheld, will these benefits be subject to penalties? And is such a percentage legally established, because an underage child is dependent?

Deductions can only be made from compensation during parental leave up to 3 years.

Income from which deductions cannot be made includes benefits to citizens with children reimbursed at the expense of the FSS of Russia (subparagraph 12, paragraph 1, article 101 of the Law of October 2, 2007 No. 229-FZ).

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The organization pays compensation during the period of leave to care for a child up to 3 years at the expense of own funds. The FSS of Russia does not compensate for such costs. This is stated in paragraph 20 of the Procedure approved by the Decree of the Government of the Russian Federation of November 3, 1994 No. 1206

Federal Law of May 19, 1995 No. 81-FZ to types state benefits Citizens with children, in particular, include:

Regardless of the number of executive documents received by the employee, the maximum amount of deductions for general rule limited to 50 percent of his monthly income. In this case, for the calculation of deductions, the amount of income is used,

From what payments can an employee be deducted from executive documents

What income is subject to withholding?

Collect deductions under executive documents from the entire income of the employee (from salaries, bonuses, income paid in natural form, etc.).*

The rules for withholding child support are more detailed.

The list of payments from which alimony must be withheld was approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841. * According to this document, payments from which alimony must be withheld include salaries of employees, allowances for them, compensation for unused vacation, payments for the period when the employee retains average salary(for example, on business trips), etc.

What income cannot be withheld?

Some employee incomes cannot be deducted. Such income, in particular, includes: *

All payments from which funds cannot be withheld under executive documents are given in Article 101 of the Law of October 2, 2007 No. 229-FZ.

In addition, it is impossible to collect alimony from the income of citizens in case of one-time transactions for the sale of real estate (apartments, land plot, garden house and etc.). This is stated in Chapter VI of the Guidelines of the Federal Bailiff Service of Russia dated June 19, 2012 No. 01-16.

Separately, let's talk about hospital benefits. It is important not to get confused here. The fact is that from any allowances to citizens with children, it is impossible to collect funds under executive documents (subparagraph 12, paragraph 1, article 101 of the Law of October 2, 2007 No. 229-FZ). At the same time, the hospital allowance is not directly mentioned in Article 101 of the Law of October 2, 2007 No. 229-FZ. But in paragraph 2 of the list approved by Decree of the Government of the Russian Federation of July 18, 1996 No. 841, it is clearly stated: alimony is withheld from temporary disability benefits, unemployment benefits only by a court decision and a court order for the recovery of alimony or by a notarized payment agreement alimony.

Thus, funds can be deducted from hospital benefits under any executive documents.

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Health Care of the Ministry of Health of Russia

How much can be deducted from salary according to executive documents

Maximum retention amount

Regardless of the number of executive documents received by an employee, the maximum amount of deductions, as a general rule, is limited to 50 percent of his monthly income. In this case, for the calculation of deductions, the amount of income reduced by the amount of personal income tax.* Such rules are established by parts 1 and 2 of article 99 of the Law of October 2, 2007 No. 229-FZ and subparagraph 3 of paragraph II of Appendix No. 1 to Guidelines FSSP of Russia dated June 19, 2012 No. 01-16.

If half of the employee's monthly income is not enough to pay off the entire amount of the debt, keep the rest of it in the following months. When holding debts under several executive documents, observe the order of repayment of claims.

These rules also apply if the employee has not fully worked for a month.

Withholding money on writ of execution

The employee received a writ of execution for the recovery of material damage as a result of an accident in the amount of 50 percent of income. In 2014, deductions were made from her earnings. But in February 2015, she goes on maternity leave, and then on parental leave. Do I need to withhold the amount of the writ of execution from maternity and child benefits?

Responsible
V.V. Egorov,
payroll consultant, social benefits and their taxation

No, you cannot make deductions from these payments. The list of types of income that cannot be levied is determined by Article 101 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. These include allowances for citizens with children, paid out of the federal budget, state off-budget funds, the budgets of the constituent entities of the Russian Federation and local budgets.

Federal Law No. 81-FZ of May 19, 1995, the types of state benefits for citizens with children, in particular, include: *

• maternity allowance;
• a one-time allowance for women registered with medical organizations in the early stages of pregnancy;
• monthly child care allowance.
  • payments to employees injured in the line of duty;
  • compensation payments established by the labor legislation of Russia (travel expenses, compensations related to the transfer of an employee to work in another area, etc.);
  • benefits for citizens with children, reimbursed at the expense of the FSS of Russia.*
• a one-time allowance at the birth of a child;
• monthly child care allowance.

Therefore, no deductions are made from these payments. This was confirmed, for example, by the Kovdorsky District Court of the Murmansk Region in its decision of September 1, 2014 No. 2-490/2014.

Galina Orlova, freelance consultant of the FSS of Russia

How to pay compensation during parental leave up to three years

Regardless of the organizational and legal form and the applicable taxation system, organizations pay compensation at their own expense. The FSS of Russia does not compensate for such costs. This is stated in paragraph 20 of the Procedure approved by the Decree of the Government of the Russian Federation of November 3, 1994 No. 1206. *

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